Case: Fobbs v. New Haven Unified School District

4:10-cv-01065 | U.S. District Court for the Northern District of California

Filed Date: Dec. 21, 2009

Clearinghouse coding complete

Case Summary

This case was one of several suits filed against Union City (the “City”) and the New Haven Unified School District (the “District”) following the 2007 death of a 14-year-old Black student who was shot to death by members of a long gang while on the premises of a middle school. The plaintiffs, parents of current and former Black students in the District, sued on behalf of their children. Many of the children witnessed the 2007 shooting, and others faced racially-motivated violence on school grou…

This case was one of several suits filed against Union City (the “City”) and the New Haven Unified School District (the “District”) following the 2007 death of a 14-year-old Black student who was shot to death by members of a long gang while on the premises of a middle school. The plaintiffs, parents of current and former Black students in the District, sued on behalf of their children. Many of the children witnessed the 2007 shooting, and others faced racially-motivated violence on school grounds. Collectively, the plaintiffs alleged that the 2007 shooting and additional incidents of racially-motivated violence amounted to intentional infliction of emotional distress by Union City and the New Haven Unified School District. The plaintiffs further alleged that this failure to protect Black students violated the students' rights under the Fourteenth Amendment to the U.S. Constitution and Title VI of the Civil Rights Act.

This putative class action case began on December 21, 2009, when the original complaint was filed in California Superior Court for Alameda County. The plaintiffs sought class certification for a class consisting of "all past and present African-American students of the New Haven Unified School District during the period from November 2006 to the present, and future African-American Students, who have been, or will be subjected to racial harassment at any educational institution with the Defendant NHUSD [the District] and whose complaint did not result in prompt effective remedial steps to address the racially hostile environment."

Upon request from the defendants, the case was removed on March 12, 2010, to the U.S. District Court for the Northern District of California because there was a federal question. The case was then assigned to Judge Phyllis J. Hamilton. Following the removal to federal court, the City and the District successfully related this case with Paige v. New Haven Unified School District (Docket No. C 09-0687 PJH) on March 29, 2010, which was a separate case brought by the shooting-victim's mother. Additionally, a substantially similar suit had been filed directly in the Northern District of California by many of the same plaintiffs on June 18, 2009. Skinner v. City of Union City, 2013 WL 5423451. These cases, however, were not formally consolidated. 

An August 27, 2010, amended complaint dropped the City as defendants and changed the putative class to "all present, past and future African-American students of the New Haven Unified School District between the ages of thirteen to twenty-four, who have been, or could be subjected to racial harassment or racially motivated violence or threats of violence in and/or around any educational institution with Defendant NHUSD since January 2004." The related case, Skinner, similarly dropped the District as defendants on January 27, 2010, effectively creating two distinct federal lawsuits brought by the plaintiffs, one against the Union City and one against the District. This case focused on the District.

After the amended complaint was filed, the case was relatively inactive, for unknown reasons, until March 17, 2011, when it was referred to Magistrate Judge Laurel Beeler for settlement. Between March and June 2011, the parties continued meeting to settle the case, and they reached a settlement on June 17, 2011. A settlement between the parties allocated varying amounts of money to the individual minor students involved in the case, which the court approved on June 28, 2011. The District paid varying amounts ranging from $17,500 to $119,688 to the individual students but did not include attorneys’ fees. Following the payment of fees and expenses, the actual amount received by the students ranged from $7,500 to $67,512. The court ordered these remaining funds placed in bank accounts that would be accessible to the students on their eighteenth birthdays.

On February 12, 2016, one of the plaintiffs that settled with the District filed a motion for withdrawal of funds from his account, explaining that he was incarcerated on his eighteenth birthday and thus could not withdraw the funds. On February 17, 2016, the court granted his request for withdrawal.

The case appears to be long dormant.

Summary Authors

Betsy Sheppard (2/28/2022)

Documents in the Clearinghouse

Document

RG09490113

Register of Actions

Fobbs VS New Haven Unified School District

California state trial court

Dec. 21, 2009

Dec. 21, 2009

Docket

4:10-cv-01065

Compalint

March 12, 2010

March 12, 2010

Complaint
54

4:10-cv-01065

4:09-cv-00687

4:09-cv-02723

Class Action First Amended Complaint for Violation of Civil Rights and Race Discrimination

Aug. 27, 2010

Aug. 27, 2010

Complaint
96

4:10-cv-01065

4:09-cv-00687

4:09-cv-02723

Order Approving Compromise of Claim of Minor Jonathan J.

June 28, 2011

June 28, 2011

Order/Opinion
94

4:10-cv-01065

4:09-cv-00687

4:09-cv-02723

Order Approving Compromise of Claim of Minor Jess L.

June 28, 2011

June 28, 2011

Order/Opinion
95

4:10-cv-01065

4:09-cv-00687

4:09-cv-02723

Order Approving Compromise of Claim of Minor Tonsa W.

June 28, 2011

June 28, 2011

Order/Opinion
93

4:10-cv-01065

4:09-cv-00687

4:09-cv-02723

Order Approving Compromise of Claim of Minor Elisa G.

June 28, 2011

June 28, 2011

Order/Opinion
104

4:10-cv-01065

Order Granting Petition for Withdrawal of Funds From Blocked Account

March 17, 2016

March 17, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5883344/fobbs-v-new-haven-unified-school-district/

Last updated Aug. 8, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL - [No Process] from Alameda County Superior Court. Their Case Number is RG-09-490113. [Filing Fee: $350.00, Receipt Number 44611004920]. Filed by Defendants New Haven Unified School District, Don Montoya, Grace Kim, Marcus Lam & Pat Jaurequi. (Attachments: #(1) Civil Cover Sheet). (tn, COURT STAFF) (Filed on 3/12/2010) (Entered: 03/15/2010)

1 Civil Cover Sheet

View on PACER

March 12, 2010

March 12, 2010

PACER

ANSWER to Complaint Submitted by Defendants Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya & New Haven Unified School District. (tn, COURT STAFF)

March 12, 2010

March 12, 2010

PACER
2

ADR SCHEDULING ORDER: Joint Case Management Statement due 6/21/2010 & Initial Case Management Conference set for 6/28/2010 at 4:00 PM.. (tn, COURT STAFF) (Filed on 3/12/2010) (Entered: 03/15/2010)

March 12, 2010

March 12, 2010

PACER

CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF)

March 12, 2010

March 12, 2010

PACER
3

CERTIFICATE OF SERVICE by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District of Notice to Adverse Party of Removal to Federal Court (Whitecavage, Joseph) (Filed on 3/16/2010) (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
4

MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Tereese Sanders. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
5

Proposed Order Appointing Guardian Ad Litem by Tereese Sanders. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
6

MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
7

Proposed Order Appointing Guardian Ad Litem by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
8

MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
9

Proposed Order Appointing Guardian Ad Litem by Auzalea Godfrey. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
10

MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Alvett Fobbs. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
11

Proposed Order Appointing Guardian Ad Litem by Alvett Fobbs. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
12

MOTION to Appoint Guardian Ad Litem ad Litem Petition for Appointment of Guardian Ad Litem filed by Toynica Ledbetter-Franklin. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
13

Proposed Order Appointing Guardian Ad Litem by Toynica Ledbetter-Franklin. (Price, Pamela) (Filed on 3/17/2010) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
14

ORDER by Magistrate Judge Bernard Zimmerman granting 4 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
15

ORDER by Magistrate Judge Bernard Zimmerman granting 6 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
16

ORDER by Magistrate Judge Bernard Zimmerman granting 8 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
17

ORDER by Magistrate Judge Bernard Zimmerman granting 10 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
18

ORDER by Magistrate Judge Bernard Zimmerman granting 12 Motion to Appoint Guardian ad Litem. (bzsec, COURT STAFF) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
19

Declination to Proceed Before a U.S. Magistrate Judge by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. (Whitecavage, Joseph) (Filed on 3/18/2010) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
20

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ahy, COURT STAFF) (Filed on 3/19/2010) (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER
21

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Judge Magistrate Judge Bernard Zimmerman no longer assigned to the case. Signed by Executive Committee on 3/19/10. (mab, COURT STAFF) (Filed on 3/19/2010) (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER
22

DEMAND for Trial by Jury by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders. (Price, Pamela) (Filed on 3/23/2010) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
23

CLERKS NOTICE Initial Case Management Conference set for 7/2/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Standing Order) (be, COURT STAFF) (Filed on 3/25/2010) (Entered: 03/25/2010)

March 25, 2010

March 25, 2010

PACER
24

ORDER RELATING CASE. C 09-0687 PJH AND C 10-1065 CRB ARE RELATED. Signed by Judge Phyllis J. Hamilton on 3/29/10. (nah, COURT STAFF) (Filed on 3/29/2010) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

Clearinghouse
25

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Phyllis J. Hamilton for all further proceedings. Hon. Charles R. Breyer no longer assigned to the case. Signed by the Executive Committee on March 30, 2010. (cjl, COURT STAFF) (Filed on 3/30/2010) (Entered: 03/30/2010)

March 30, 2010

March 30, 2010

PACER

***Deadlines terminated.*** (cjl, COURT STAFF) (Filed on 3/30/2010)

March 30, 2010

March 30, 2010

PACER
26

ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/1/2010. Initial Case Management Conference set for 7/8/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 3/31/10. (nah, COURT STAFF) (Filed on 3/31/2010) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

RECAP
27

NOTICE by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders Notice of Related Cases to All Parties (Price, Pamela) (Filed on 4/22/2010) (Entered: 04/22/2010)

April 22, 2010

April 22, 2010

PACER
28

Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City. (Attachments: # 1 Declaration of Tricia L. Hynes in Support of Joint Defense Motion to Coordinate Depositions)(Hynes, Tricia) (Filed on 5/20/2010) Modified on 5/21/2010 (vlk, COURT STAFF). (Entered: 05/20/2010)

May 20, 2010

May 20, 2010

PACER
29

ORDER REFERRING CASE to Magistrate Judge. Signed by Judge Phyllis J. Hamilton on 5/26/10. (nah, COURT STAFF) (Filed on 5/27/2010) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
30

ORDER RE: JOINT REQUEST FOR ORDER COORDINATING DEPOSITIONS AMONG THREE RELATED ACTIONS. Signed by Judge Joseph C. Spero on 05/28/10. (klh, COURT STAFF) (Filed on 5/28/2010) (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER

Set/Reset Hearings: Discovery Hearing set for 6/4/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. (klh, COURT STAFF) (Filed on 5/28/2010)

May 28, 2010

May 28, 2010

PACER
31

See document 34 for corrected attachmentMinute Entry: Discovery Hearing and Motion Hearing held on 6/4/2010 before Joseph C. Spero re (100 in 4:09-cv-02723-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City, (28 in 4:10-cv-01065-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City, (57 in 4:09-cv-00687-PJH) MOTION for Discovery Joint Request for Order Coordinating Depositions Among Three Related Actions filed by City of Union City. A joint discovery statement shall be due by 9:30 AM on 6/16/10. Further Discovery Hearing set for 6/18/2010 at 09:30 AM in Courtroom A, 15th Floor, San Francisco. (Court Reporter Lydia Zinn.) (klh, COURT STAFF) (Date Filed: 6/4/2010) Modified on 6/8/2010 (vlk, COURT STAFF). Modified on 6/15/2010 (vlk, COURT STAFF). (Entered: 06/07/2010)

June 4, 2010

June 4, 2010

PACER
34

AMENDED Minute Entry: Discovery Hearing held on 6/4/2010 before Joseph C. Spero.(Court Reporter Lydia Zinn.)***Amended to correct hearing date in the minutes from 5/21 to 6/4/10. (klh, COURT STAFF) (Date Filed: 6/4/2010) Modified on 6/15/2010 (vlk, COURT STAFF). (Entered: 06/14/2010)

June 4, 2010

June 4, 2010

PACER
32

DISCOVERY ORDER. Further Discovery Conference set for 6/18/10 at 9:30 AM. Signed by Judge Joseph C. Spero on 06/07/10. (klh, COURT STAFF) (Filed on 6/7/2010) (Entered: 06/07/2010)

June 7, 2010

June 7, 2010

PACER
33

STIPULATION and Proposed Protective Order for Standard Litigation, fiiled by D'Angelo Cole, Teola Coleman, Alvett Fobbs, David G., Auzalea Godfrey, Danny Godfrey, Toynica Ledbetter-Franklin, Tereese Sanders, New Haven Unified School District, City of Union City. (Price, Pamela) (Filed on 6/9/2010) Modified on 6/10/2010 (jlm, COURT STAFF). (Entered: 06/09/2010)

June 9, 2010

June 9, 2010

PACER
35

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party D'Angelo Cole (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
36

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party David G. (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
37

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Auzalea Godfrey (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
38

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Danny Godfrey (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
39

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Party Tereese Sanders (Harrell, Jeshawna) (Filed on 6/14/2010) (Entered: 06/14/2010)

June 14, 2010

June 14, 2010

PACER
40

JOINT CASE MANAGEMENT STATEMENT (DISCOVERY) filed by New Haven Unified School District. (Whitecavage, Joseph) (Filed on 6/16/2010) Modified on 6/18/2010 (vlk, COURT STAFF). (Entered: 06/16/2010)

June 16, 2010

June 16, 2010

PACER
41

Minute Entry: Further Discovery Hearing held on 6/18/2010 before Joseph C. Spero. Court issued oral rulings on the Joint Discovery Letter Brief [docket 111] and Joint Discovery Conference Statement [docket 112]. Further Discovery Hearing specially set for 7/1/2010 03:00 PM in Courtroom A, 15th Floor, San Francisco. An updated joint case management conference statemnt shall be due by Tuesday 6/29/10 at 9:00 AM. Any joint discovery lettter brief shall be due before 6/29/10.(Court Reporter Kathy Wyatt.) (klh, COURT STAFF) (Date Filed: 6/18/2010) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
42

DISCOVERY ORDER NO. 2. Any joint discovery letter that the parties desire to have addressed at the next conference shall be filed before 6/29/10. An updated joint case management conference statement shall be filed on or before Tuesday, 6/29/10 at 9:00 AM. Further discovery conference specially set for 7/1/10 at 3:00 PM. Signed by Judge Joseph C. Spero on 06/18/10. (klh, COURT STAFF) (Filed on 6/18/2010) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
43

JOINT CASE MANAGEMENT STATEMENT (DISCOVERY) filed by New Haven Unified School District, City of Union City, Alvett Fobbs. (Whitecavage, Joseph) (Filed on 6/29/2010) Modified on 6/30/2010 (cp, COURT STAFF). (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
44

Certificate of Interested Entities by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District (Whitecavage, Joseph) (Filed on 6/29/2010) (Entered: 06/29/2010)

June 29, 2010

June 29, 2010

PACER
45

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Plaintiffs and Defendant New Haven Unified School District. (Price, Pamela) (Filed on 7/1/2010) Modified on 7/2/2010 (kc, COURT STAFF). (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
47

Minute Entry: Court made rulings on the record. Further discovery conference set for 07/15/10 @ 3:00pm with further discovery statement or joint letter due 07/13/10 @ 5:00pm.Discovery Hearing held on 7/1/2010 before Joseph C. Spero (Date Filed: 7/1/2010). (Court Reporter Belle Ball.) (sis, COURT STAFF) (Date Filed: 7/1/2010) (Entered: 07/08/2010)

July 1, 2010

July 1, 2010

PACER
46

DISCOVERY ORDER No. 3. Signed by Judge Joseph C. Spero on 07/06/10. (sis, COURT STAFF) (Filed on 7/6/2010) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER

Set/Reset Hearings: Discovery Hearing set for 7/15/2010 03:00 PM before Magistrate Judge Spero. (vlk, COURT STAFF) (Filed on 7/6/2010)

July 6, 2010

July 6, 2010

PACER
48

Minute Entry: Initial Case Management Conference held on 7/8/2010 before Phyllis J. Hamilton (Date Filed: 7/8/2010). (Court Reporter Not Reported.) (nah, COURT STAFF) (Date Filed: 7/8/2010) (Entered: 07/09/2010)

July 8, 2010

July 8, 2010

PACER
49

STIPULATED PROTECTIVE ORDER FOR HIGHLY SENSITIVE INFORMATION. Signed by Judge Joseph C. Spero on 7/6/10. (klh, COURT STAFF) (Filed on 7/12/2010) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
50

Minute Entry: Further Discovery Conference held on 7/15/2010 before Joseph C. Spero. (Court Reporter Connie Kuhl.) (klh, COURT STAFF) (Date Filed: 7/15/2010) Modified on 7/19/2010 (vlk, COURT STAFF). Modified on 7/19/2010 (vlk, COURT STAFF). (Entered: 07/16/2010)

July 15, 2010

July 15, 2010

PACER
51

DISCOVERY ORDER NO. 4. Signed by Judge Joseph C. Spero on 7/16/10. (klh, COURT STAFF) (Filed on 7/16/2010) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
52

Minute Entry: Telephonic Discovery Hearing held on 7/16/2010 before Joseph C. Spero re: Deposition of Kevin Finnerty, Union City PMK. (Court Reporter Larell Sagundes.) (klh, COURT STAFF) (Date Filed: 7/16/2010) Modified on 7/20/2010 (vlk, COURT STAFF). (Entered: 07/20/2010)

July 16, 2010

July 16, 2010

PACER
53

STIPULATION AND [PROPOSED] ORDER TO FILE PLAINTIFFS' FIRST AMENDED COMPLAINT by Alvett Fobbs. (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
54

AMENDED COMPLAINT FIRST AMENDED COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND RACE DISCRIMINATION against Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. Filed byAuzalea Godfrey, Danny Godfrey, Teola Coleman, Alvett Fobbs, D'Angelo Cole, David G., Toynica Ledbetter-Franklin, Tereese Sanders. (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

Clearinghouse
55

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options FOR ALVETT FOBBS (Khoury, George) (Filed on 8/27/2010) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
56

STIPULATION AND ORDER TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT re 53 Stipulation filed by Alvett Fobbs. Signed by Judge Phyllis J. Hamilton on 8/31/10. (nah, COURT STAFF) (Filed on 8/31/2010) (Entered: 08/31/2010)

Aug. 31, 2010

Aug. 31, 2010

RECAP
57

Answer to 54 First Amended Complaint by Pat Jaurequi, Grace Kim, Marcus Lam, Don Montoya, New Haven Unified School District. (Horn, Charles) (Filed on 9/13/2010) Modified on 9/14/2010 (vlk, COURT STAFF). (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
58

NOTICE of Change of Address by Pamela Yvette Price (Price, Pamela) (Filed on 12/30/2010) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
59

MOTION to Continue Plaintiffs' Motion and Declaration for Order Continuing Class Certification Motion and Hearing filed by Alvett Fobbs. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion and Declaration for Order Continuing Class Certification Motion and Hearing)(Harrell, Jeshawna) (Filed on 3/11/2011) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
60

MOTION to Continue Plaintiffs' Administrative Motion to Continue Class Certification Motion filed by Alvett Fobbs. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Continue Class Certification Motion and Hearing)(Harrell, Jeshawna) (Filed on 3/15/2011) (Entered: 03/15/2011)

March 15, 2011

March 15, 2011

PACER
61

STIPULATION and Proposed Order re 60 MOTION to Continue Plaintiffs' Administrative Motion to Continue Class Certification Motion by Alvett Fobbs. (Price, Pamela) (Filed on 3/16/2011) Modified on 3/17/2011 (vlk, COURT STAFF). (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

PACER
62

STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION MOTION AND HEARING by Judge Phyllis J. Hamilton granting 60 Motion to Continue (nah, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER
63

ORDER REFERRING CASE to Magistrate Judge Beeler for Settlement. Signed by Judge Phyllis J. Hamilton on 3/17/11. (nah, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

PACER

CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement. (tmi, COURT STAFF) (Filed on 3/17/2011)

March 17, 2011

March 17, 2011

PACER

***Deadlines terminated re 26 Order, case management statement. (vlk, COURT STAFF) (Filed on 3/18/2011)

March 18, 2011

March 18, 2011

PACER
64

NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference set for 5/31/2011 at 10:00 A.M. Signed by Laurel Judge Laurel Beeler on 3/22/2011. (ls, COURT STAFF) (Filed on 3/22/2011) (Entered: 03/22/2011)

March 22, 2011

March 22, 2011

PACER
65

AMENDED NOTICE AND ORDER REGARDING SETTLEMENT CONFERENCE before Magistrate Judge Laurel Beeler. Settlement Conference reset to 4/11/2011 at 10:00 A.M. Signed by Magistrate Judge Laurel Beeler on 3/28/2011. (ls, COURT STAFF) (Filed on 3/28/2011) (Entered: 03/29/2011)

March 28, 2011

March 28, 2011

PACER
66

CLERKS NOTICE RESETTING Settlement Conference to 4/27/2011 at 10:30 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Filed on 4/5/2011) (Entered: 04/05/2011)

April 5, 2011

April 5, 2011

PACER
67

Letter from Louis A. Leone to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 4/13/2011) (Entered: 04/13/2011)

April 13, 2011

April 13, 2011

PACER
68

Minute Entry: Settlement Conference held. (Date Filed: 4/27/2011). Further Settlement Conference set for 6/1/2011 at 10:30 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Date Filed: 4/27/2011) (Entered: 04/29/2011)

April 27, 2011

April 27, 2011

PACER
69

CLERKS NOTICE setting Further Settlement Conference on June 1, 2011 at 10:30 a.m. before the Honorable Laurel Beeler. (ls, COURT STAFF) (Filed on 5/3/2011) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

PACER
70

STIPULATION and [Proposed] Order to Continue Class Certification Motion and Hearing by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 5/9/2011) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
71

Letter to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 5/9/2011) (Entered: 05/09/2011)

May 9, 2011

May 9, 2011

PACER
72

STIPULATION AND ORDER TO CONTINUE CLASS CERTIFICATION MOTION AND HEARING re 70 Stipulation filed by Alvett Fobbs. Signed by Judge Phyllis J. Hamilton on 5/11/11. (nah, COURT STAFF) (Filed on 5/11/2011) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

RECAP
73

Letter from Louis A. Leone to Magistrate Judge Beeler. (Leone, Louis) (Filed on 5/12/2011) (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
74

Letter from Louis A. Leone to Magistrate Judge Laurel Beeler. (Leone, Louis) (Filed on 5/26/2011) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
75

ORDER REGARDING JUNE 1, 2011 SETTLEMENT CONFERENCE ATTENDANCE. Signed by Judge Beeler on 5/27/11. (lblc2, COURT STAFF) (Filed on 5/27/2011) (Entered: 05/27/2011)

May 27, 2011

May 27, 2011

Clearinghouse

***ERRONEOUS ENTRY. PLEASE DISREGARD.***Magistrate Judge James Larson no longer assigned to case. Due to Magistrate Judge James Laron's retirement, this case is re-referred to Magistrate Judge Nathanael M. Cousins for settlement. All matters scheduled before, and deadlines set by, Judge Larson are hereby vacated. All future settlement matters should be addressed to Judge Cousins unless otherwise ordered by the presiding judge. Until Judge Cousins takes the bench on July 5, 2011, any urgent settlement issues requiring immediate judicial attention should be addressed to Acting Chief Magistrate Judge Joseph C. Spero by contacting his courtroom deputy, Karen Hom, at (415) 522-2035. (aaa, COURT STAFF) (Filed on 6/1/2011) Modified on 6/2/2011 (rcs, COURT STAFF).

June 1, 2011

June 1, 2011

PACER
76

Minute Entry: Settlement Conference held. The case partially settled (Date Filed: 6/1/2011). Further Settlement Conference set for 6/17/2011 at 11:00 A.M. in Courtroom 4, 3rd Floor, Oakland. (ls, COURT STAFF) (Date Filed: 6/1/2011) (Entered: 06/02/2011)

June 1, 2011

June 1, 2011

PACER
77

CLERKS NOTICE Setting a Further Settlement Conference for June 17, 2011 at 11:00 a.m. before Magistrate Judge Laurel Beeler. (lsS, COURT STAFF) (Filed on 6/2/2011) (Entered: 06/02/2011)

June 2, 2011

June 2, 2011

PACER
78

Ex Parte Application for Order Approving Compromise of Claim of Minor Elisa G. filed by Teola Coleman. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
79

Ex Parte Application for Order Approving Compromise of Claim of Minor Jess L. filed by Teola Coleman. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
80

Ex Parte Application for Order Approving Compromise of Claim of Minor Tonsa W. filed by Alvett Fobbs. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
81

Petition for Appointment of Guardian Ad Litem for Tonsa W. filed by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
82

Proposed Order re 81 Appointing Guardian Ad Litem for Tonsa W. by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
83

Ex Parte Application for Order Approving Compromise of Claim of Minor Jonathan J. filed by Tereese Sanders. (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
84

Declaration of Pamela Y. Price in Support of 78, 79, 80, 83 Ex Parte Applications for Order Approving Compromise Claims filed by Tereese Sanders, Teola Coleman. (Related document(s) 78, 83, 79, 80 ) (Price, Pamela) (Filed on 6/16/2011) Modified on 6/17/2011 (vlk, COURT STAFF). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
85

Minute Entry: Settlement Conference held. Case Settled (Date Filed: 6/17/2011). (Court Reporter Starr Wilson) (ls, COURT STAFF) (Date Filed: 6/17/2011) (Entered: 06/20/2011)

June 17, 2011

June 17, 2011

PACER
86

Proposed Order Approving Compromise of Claim of Minor Elisa G. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
87

Proposed Order Approving Compromise of Claim of Minor Jess L. by Teola Coleman. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
88

Proposed Order Approving Compromise of Claim of Minor Tonsa W. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

Clearinghouse
89

Proposed Order Approving Compromise of Claim of Minor Jonathan J. by Tereese Sanders. (Harrell, Jeshawna) (Filed on 6/20/2011) (Entered: 06/20/2011)

June 20, 2011

June 20, 2011

PACER
90

Proposed Order re 81 Petition for Appointment of Guardian Ad Litem for Tonsa W. by Alvett Fobbs. (Harrell, Jeshawna) (Filed on 6/21/2011) Modified on 6/22/2011 (jlm, COURT STAFF). (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
91

Errata re re 79 Ex Parte Application for Order Approving Compromise of Claim of Minor Jess L. by Teola Coleman (Price, Pamela) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER
92

Errata re 80 Ex Parte Application for Order Approving Compromise of Claim of Minor Elisa G. by Alvett Fobbs (Price, Pamela) (Filed on 6/27/2011) Modified on 6/28/2011 (vlk, COURT STAFF). (Entered: 06/27/2011)

June 27, 2011

June 27, 2011

PACER

Case Details

State / Territory: California

Case Type(s):

Education

Policing

Education

Key Dates

Filing Date: Dec. 21, 2009

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Black students in New Haven Unified School District

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Union City (Union City) (Union City, California), City

New Haven Unified School District (Union City, California), School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $215,378

Issues

General:

Government Services

School/University policies

Discrimination-basis:

Race discrimination

Race:

Black

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run